Uganda Case Law

Official Assignee of Venidas Nemchand's Insolvency v Dinshaw and Brothers (Civ. App. No. 14/1937)

Official Assignee of Venidas Nemchand's Insolvency v Dinshaw and Brothers (Civ. App. No. 14/1937) [1938] EACA 29 (1 January 1938)

Court

East African Court of Appeal

Case number

Civ. App. No. 14/1937

Judge

Francis, J (Uganda), Law, C.J (Zanzibar), Sheridan, J. (C.J. Kenya)

The Court of Appeal held that the contract in question was governed by the law of French Somaliland, as it was made and to be performed there. The French Appellate Tribunal had already adjudicated that, under the law of French Somaliland, the respondents' claim could not be enforced against the insolvent's estate in bankruptcy. Applying the principle from Gibbs and Sons v. Societe Industrielle et Commerciale des Metaux, the court determined that the discharge of liability granted by the French court must be recognized in Ethiopia, and the respondents' claim must be rejected in the Ethiopian i…

Source excerpt

• Bankruptcy Proof Of Debt
• Conflict Of Laws
• Lex Loci Contractus
• Foreign Judgments
• Contract Law